What is a key distinction between assault and battery?

The distinction between assault and battery is primarily based on the nature of the actions involved and the awareness of the parties. Assault is defined as an intentional act that creates a reasonable apprehension in another of an imminent harmful or offensive contact. It does not require actual physical contact to occur; rather, it focuses on the victim's perception of the threat at that moment.

On the other hand, battery is characterized by actual physical contact that is harmful or offensive to another person. A person can suffer battery even if they were unaware of the act at the time it occurred, as the focus in battery is on the physical act rather than the perception of threat. This understanding clarifies why the statement that battery can occur without the plaintiff being aware of it, while assault cannot, is accurate.

In contrast, the other options misrepresent the definitions or elements of assault and battery. Actual physical contact is a requisite for battery but not for assault, emotional damage is not a defining feature of either, and consent is not a requisite for battery. Hence, the framework of how both torts are defined supports the correctness of the chosen answer regarding awareness in the context of battery and assault.